Bapna, J.—This is a second appeal in a suit for redemption. The plaintiff sued the respondent for redemption, of a field on the allegation that it had been mortgaged for a sum of Rs. 50/-about 14 years ago but the defendant was not prepared to redeem the possession after taking the amount of mortgage money. The suit was instituted on the 7th of July, 1945. The defendant denied the mortgage and alleged that the field had been actually sold by a deed dated the Asad Vadi 1 Sam-wat 1992 in lieu of Rs. 50/-. The trial court dismissed the suit and the same judgment was upheld on appeal.

2. It was argued that the deed relied upon by the defendant being unregistered was inadmissible in evidence and since the defendant virtually admitted the plaintiffs prior title and the suit was not barred by limitation, the plaintiff should succeed even if the mortgage was not proved. It was also argued that the transaction of mortgage was by oral contract and the evidence led in support thereof should have been accepted by the two courts. The learned counsel for the respondent has argued that whatever may have been the law in Mewar prior to 1948, the provisions of the Indian Transfer of Property Act and

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